Oh, get off it. It is well within presidential powers to do a limited strike.
I do believe you are wrong and I will attempt to explain it. The following excerpts are from
The Authority to 'Declare War': A Power Barack Obama Does Not Have - Garrett Epps - The Atlantic
American presidents have also used force, without consulting Congress, to fulfill American treaty obligations. The most famous example was President Harry Truman's decision to commit American troops to the war in Korea without requesting authorization even after the fact. Truman argued that he was obliged, under the U.N. Charter and a Security Council resolution, to come to the aid of South Korea, and that that obligation superseded
Art 1 Sec 8 Cl 11 President George H.W. Bush, in seeking authorization for the first Gulf War, claimed that he did not need it, because of a Security Council resolution authorizing action against Kuwait. (The bluff worked, and Congress approved the war.) President Bill Clinton committed U.S. forces to intervention in the former Yugoslavia, and never sought authorization. In Kosovo, there was no Security Council resolution, but Clinton claimed to be acting under the NATO Treaty and at the request of the other nations of the Balkans.
How do these precedents apply to Syria? Not well. First, the crisis is undoubtedly an emergency -- but it is not an emergency that demands presidential action within minutes or hours. The U.S. is preparing in deliberate, even stately, fashion for a carefully choreographed attack on Syria; there's plenty of time for the president to invoke the "extraordinary occasions" language of
Art 2 Sec 3 and convene a special session of Congress.
Internationally, a strike against Syria would go well beyond the flimsy justification offered even for Kosovo. The Security Council has not authorized action against Syria, and will not. Even with U.N. personnel producing the evidence that the Damascus regime has used chemical weapons, the U.S. apparently does not plan even to ask for permission to use force. The nations in the Middle East region have not asked for U.S. intervention. NATO does not support it -- and for heaven's sake, not even Britain will stand with the U.S.
To sum up: U.S. citizens and military personnel are not under attack. It is not a split-second emergency. The President does not face a request from the Security Council, NATO, the Arab League or even the Organization of Eastern Caribbean States.
This is precisely the kind of situation for which the Framers of our Constitution designed its division of authority between President and Congress. Sending our missiles against Syria is an act of war. If it is to be done, Congress, not the president, should approve.
Now the
War Powers Act of 1973 basically says the following:
The War Powers Resolution, generally known as the War Powers Act, was passed by Congress over President Nixon's veto to increase congressional control over the executive branch in foreign policy matters, specifically in regard to military actions short of formally declared war. Its central provision prohibited the President from engaging in military actions for more than sixty days, unless Congress voted approval. The key Section 1541(c) reads:
- (c) Presidential Executive Power as Commander-in-Chief; Limitation The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
Now does the circumstances occurring in Syria and the desire of President Obama to strike Syria meet the requirements of any of the above?